A BILL to amend and reenact section twenty-six, article twenty-two,
chapter eight of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to increasing a
surviving spouse's death benefit under a municipal police
officer's or fire fighter's pension from sixty percent to
eighty percent of the member's pension.

Be it enacted by the Legislature of West Virginia:That section twenty-six, article twenty-two, chapter eight of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:

§8-22-26. Death benefits.(a) In case:(1) Any member of a paid police or fire department who has
been in continuous service for more than five years dies from any
cause other than as specified in subsection (b) of this section
before retirement on a disability pension under the provisions of,
prior to the first day of July, one thousand nine hundred
eighty-one, section twenty-four of this article, or after the
thirtieth day of June, one thousand nine hundred eighty-one,
sections twenty-three-a and twenty-four of this article or a
retirement pension under the provisions of subsection (a) or both
subsections (a) and (b), section twenty-five of this article,
leaving in either case surviving a spouse, or any dependent child
or children under the age of eighteen years, or dependent father or
mother or both, or any dependent brothers or sisters or both under
the age of eighteen years, or any dependent child over the age of
eighteen years of age who is totally physically or mentally
disabled so long as such condition exists; or(2) Any former member of any such department who is on a
disability pension prior to the first day of July, one thousand
nine hundred eighty-one, under section twenty-four of this article,
or after the thirtieth day of June, one thousand nine hundred
eighty-one, under sections twenty-three-a and twenty-four of this
article, or is receiving or is entitled to receive retirement pension benefits under the provisions of subsection (a) or both
subsections (a) and (b), section twenty-five of this article, dies
from any cause other than as specified in subsection (b) of this
section leaving in either case surviving a spouse or any dependent
child or children under the age of eighteen years or dependent
father or mother or both, or any dependent brothers or sisters or
both under the age of eighteen years, or any dependent child over
the age of eighteen years of age who is totally physically or
mentally disabled so long as suchthe condition exists; then in any
of the cases set forth above in (1) and (2) the board of trustees
of suchthe pension and relief fund shall, immediately following
the death of suchthe member, pay to or for each of suchthe
entitled surviving dependents the following pension benefits: To
suchthe spouse, until death or remarriage, a sum per month equal
to sixtyeighty percent of suchthe member's pension or, in the
event suchthe member was not receiving a pension at the time of
his or her death, a sum per month equal to sixty percent of the
monthly retirement pension suchthe member would have been entitled
to receive pursuant to section twenty-five of this article on the
date of his or her death if suchthe member had then been eligible
for a retirement pension thereunder, or the sum of three hundred
dollars per month, whichever is greater; to each suchthe
dependent child, a sum per month equal to twenty percent of such
the member's pension or, in the event suchthe member was not receiving a pension on the date of his or her death, a sum per
month equal to twenty percent of the monthly retirement pension
suchthe member would have been entitled to receive pursuant to
section twenty-five of this article on the date of his or her death
if suchthe member had then been eligible for a retirement pension
thereunder, or until suchthe child attains the age of eighteen
years or marries, whichever first occurs; to each such dependent
orphaned child, a sum per month equal to twenty-five percent of
suchthe member's pension or, in the event suchthe member was not
receiving a pension at the time of his or her death, a sum per
month equal to twenty-five percent of the monthly retirement
pension suchthe member would have been entitled to receive
pursuant to section twenty-five of this article on the date of his
or her death if suchthe member had then been eligible for a
retirement pension thereunder, until suchthe child attains the age
of eighteen years or marries, whichever first occurs; to each such
dependent orphaned child, a sum per month equal to twenty-five
percent of suchthe member's pension or, in the event suchthe
member was not receiving a pension on the date of his or her death,
a sum per month equal to twenty-five percent of the monthly
retirement pension suchthe member would have been entitled to
receive pursuant to section twenty-five of this article on the date
of his or her death if suchthe member had then been eligible for
a retirement pension thereunder, until suchthe child attains the age of eighteen years or marries, whichever first occurs; to each
such dependent father or mother, a sum per month for each equal to
ten percent of suchthe member's pension or, in the event suchthe
member was not receiving a pension on the date of his or her death,
a sum per month equal to ten percent of the monthly retirement
pension suchthe member would have been entitled to receive
pursuant to section twenty-five of this article on the date of his
or her death if suchthe member had then been eligible for a
retirement pension thereunder; to each such dependent brother or
sister, the sum of fifty dollars per month until suchthe
individual attains the age of eighteen years or marries, whichever
first occurs, but in no event shall the aggregate amount paid to
suchthe brothers and sisters exceed one hundred dollars per month.
If at any time, because of the number of dependents, all suchthe
dependents cannot be paid in full as herein provided, then each
dependent shall receive his or her pro rata share of suchthe
payments. In no case shall the payments to the surviving spouse
and children be cut below sixty-five percent of the total amount
paid to all dependents.(b) The surviving spouse, child or children, or dependent
father or mother, or dependent brothers or sisters, of any such
member who dies by reason of service rendered in the performance of
suchthe member's duties shall, regardless of the length of such
the member's service and irrespective of whether suchthe member was or was not entitled to receive, or was or was not receiving,
disability pension or temporary disability payments at the time of
his death, receive the death benefits provided for in subsection
(a) of this section. If suchthe member had less than three years'
service at the time of his or her death, the member's pension shall
be computed on the basis of the actual number of years of service.(c) If a member dies without leaving a spouse, dependent child
or children, or dependent father or mother, or dependent brothers
or sisters, his or her contributions to the fund plus six percent
interest shall be refunded to his or her named beneficiary or, if
no beneficiary has been named, to his or her estate to the extent
that suchthe contributions plus interest exceed any disability or
retirement benefits that he or she may have received before his or
her death.(d) The provisions of this section shall not be construed as
creating or establishing any contractual or vested rights in favor
of any individual who may be or become qualified as a beneficiary
of the death benefits herein authorized to be made, all the
provisions hereof and benefits provided for hereunder being
expressly subject to suchthe subsequent legislative enactments as
may provide for any change, modification or elimination of the
beneficiaries or benefits specified herein.(e) Notwithstanding the provisions of section twenty-four of
this article the benefit provided for in this section shall be calculated as if the member had remained unemployed throughout any
period of disability.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.